1 Implementation of the EC Communications Directives on Networks and Services Martin Brebner Department of Trade & Industry

2 Implementation of the EC Communications Directives on Networks and Services: Plan A Communications Bill remains on target to be passed before 25 th July 2003; Bill has cleared Report in the Lords; 3 rd Reading in the Lords likely to be 8 th July; Then Commons Consideration of Lords Amendments and ping pong; (may need to deal with Government defeats in the Lords). Royal Assent before 25 th July still feasible.

3 Implementation of the EC Communications Directives on Networks and Services: Orders/Regulations to be made by SoS: Universal Service order (clause 62); Regulations on restrictions and conditions to which Code is applied (clause 106). Both to take effect from 25 July Telephone numbering order (clause 53); Calculation of turnover for penalties order (clause 74); Both need “affirmative” resolution of Parliament

4 Implementation of the EC Communications Directives on Networks and Services: Draft instruments have been revised in the light of the consultations; Response documents are being published; Revised drafts are being published; Universal Service Order and Code Regulations and First Commencement Order will be made day after Royal Assent; We will inform all interests on our list of the making of the Instruments.

5 Implementation of the EC Communications Directives on Networks and Services: General Conditions etc will be set by Oftel.

6 Implementation of the EC Communications Directives on Networks and Services: OFCOM will not be in position to assume responsibilities on 25 th July – we will use clause 401 to empower Oftel and the SoS to act as National Regulatory Authority for transitional period.

7 Implementation of the EC Communications Directives on Networks and Services: Interim Implementation (Plan B) Regulations made under European Communities Act 1972 to enable UK to fulfil its Community obligations (as set out in the four Communications Directives) – mirroring the Bill as much as possible; Regulations will include substance of the orders etc that would need to made under the Act.

8 Implementation of the EC Communications Directives on Networks and Services: Five Interim Regulations: General Conditions; Networks and Services; Electronic Communications Code; Spectrum Use; Disputes and Appeals.

9 Implementation of the EC Communications Directives on Networks and Services: Regulations follow the text of the Bill as far as possible; Differences were summarised in the Consultation Document, eg SMP apparatus, persistent misuse, PRS.

10 Implementation of the EC Communications Directives on Networks and Services: Documents have been revised following the consultation launched in March; Response documents and revised drafts are being published on website: Interested parties on our list are being notified; Regulations will made on or around 17 th July if Bill has not received Royal Assent (interested parties will be notified).

11 Implementation of the EC Communications Directives on Networks and Services: Bill would need to be modified to take account of the Regulations, (a new clause to give SoS power to do this is being proposed at Third Reading); The Regulations would be repealed when Bill (and full implementation) brought into force.

12 Implementation of the EC Communications Directives on Networks and Services: Government keen to implement the Directives via Plan A – the Bill; Hope there will be no need to use Plan B, and the two-stage move to the new regime; Which approach used will depend on events in Parliament in the next couple of weeks; We will do what we can to ensure interested parties know what is happening to ensure smooth implementation of the Directives on 25 th July.